This document is an excerpt from the EUR-Lex website
Document 62012CA0559
Case C-559/12 P: Judgment of the Court (First Chamber) of 3 April 2014 — French Republic v European Commission (Appeals — State aid — Aid in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment — Existence of the guarantee — Presence of State resources — Advantage — Burden and standard of proof)
Case C-559/12 P: Judgment of the Court (First Chamber) of 3 April 2014 — French Republic v European Commission (Appeals — State aid — Aid in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment — Existence of the guarantee — Presence of State resources — Advantage — Burden and standard of proof)
Case C-559/12 P: Judgment of the Court (First Chamber) of 3 April 2014 — French Republic v European Commission (Appeals — State aid — Aid in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment — Existence of the guarantee — Presence of State resources — Advantage — Burden and standard of proof)
OJ C 159, 26.5.2014, p. 8–9
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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26.5.2014 |
EN |
Official Journal of the European Union |
C 159/8 |
Judgment of the Court (First Chamber) of 3 April 2014 — French Republic v European Commission
(Case C-559/12 P) (1)
((Appeals - State aid - Aid in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment - Existence of the guarantee - Presence of State resources - Advantage - Burden and standard of proof))
2014/C 159/10
Language of the case: French
Parties
Appellant: French Republic (represented by: G. de Bergues, D. Colas and J. Gstalter and by J. Bousin, acting as Agents)
Other party to the proceedings: European Commission (represented by: B. Stromsky and D. Grespan, acting as Agents)
Re:
Appeal brought against the judgment of the General Court (Sixth Chamber) of 20 September 2012 in Case T 154/10 France v Commission, by which the General Court dismissed the action brought by the French Republic for the annulment of Commission Decision 2010/605/EU of 26 January 2010 on State aid C 56/07 (ex E 15/05) granted by France to La Poste (OJ 2010 L 274, p. 1) — Aid allegedly implemented by France in the form of an unlimited implied guarantee in favour of La Poste resulting from its status as a publicly owned industrial and commercial establishment — Establishment outside the scope of the ordinary law on administration and compulsory liquidation of firms in difficulty — Existence of an advantage — Existence of a transfer of State resources — Burden and standard of proof — Equiparation of the conditions under which State liability is incurred with a guarantee mechanism
Operative part of the judgment
The Court:
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1. |
Dismisses the appeal; |
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2. |
Orders the French Republic to pay the costs. |